To: ihavenoidea who wrote (75463 ) 3/13/2008 4:18:58 PM From: Eric L Respond to of 197231 The Stretch,. uhavenoidea, << so what. assuming everything you say is true (and that's a stretch) >> Hopefully in the preceding post by me to JGoren which you are responding to, verifiable fact is easily distinguishable from my stated opinion which is different than JG's opinion on the subject. If you care to challenge any purported fact that I cited, as a "stretch" please do so, and please cite verifiable fact in doing so. If you care to challenge my opinion that QUALCOMM has a fully paid up license to QUALCOMM's early patents with one of your own by all means please do that as well. If you do so, hopefully you'll put some time and effort into substantiating your rationale to back up your opinion and apply some focus rather than wandering off into discussion of Nokia ceasing manufacturing in the Ruhr after 25 years -- the last manufacturer to cease manufacturing in Germany, just as they were the last to cease manufacturing in the US several years after Motorola ceased there production here before departing Germany. << so what. assuming everything you say is true (and that's a stretch) we've moved on from the 1992 patents. we are talking about the qcom patents for wcdma that are needed by nokia which are applicable now >> Before we move on (which we will) let's make note of the fact that QUALCOMM has based its sales pitch justifying its supposed "standard royalty rate" that they don't net down and which is the same as for CDMA2000 -- both to potential licensees and gullible investors or potential investors -- on the premise that their 'fundamental' patents trump any number of essential patents declared (and ideally certified) by others. If the majority of those 'fundamental' patents are fully paid up it is my opinion that the negotiation landscape is potentially fundamentally changed, as is the litigation landscape. << we are talking about the QCOM patents for wcdma that are needed by nokia which are applicable now >> If we are going to talk about that, best we also talk about the CDMA GSM, and WCDMA/HSPA patents that are needed by QUALCOMM and QUALCOMM licensees. << ... the rates should go up, big time -not down ... qcom is now entitled for an increase from the generally acknowledged 4% to at least 6%; probably more comparably. >> Perhaps they will go up. Perhaps they won't. If you would like to model 4% as what they effectively were paying through Q1 2007, have at it. ... I model 3.5%. If you would like to model upwards of 6% as what you think Nokia will be paying when all is settled, have at it. To borrow your alias momentarily, ihavenoidea what they'll be paying when all is settled. While acknowledging that there is certainly some risk to them in challenging QUALCOMM, I personally doubt that they'll be paying more post-settlement than what they were paying before contract expiration, and there is a possibility they'll be paying less. Cheers, - Eric -